04/23/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 23, 2014 MINUTES The new structure lot coverage of 21.5%, and 130 square feet over the 20% limitation. There is a couple of reasons for this. First, the lot coverage is being driven by the size of the lot. As mentioned earlier, it's a very small lot at 8,700 square feet, so dealing with lot coverage requirements small lots become much amplified, one foot makes a bigger difference. If this was a 20,000 square foot lot, this house would be under the lot coverage requirements. Mr. and Mrs. Roche want to develop the lot appropriately with a house that would fitting for them and also fitting when attempting to sell it. They want to be able to build a house that is marketable to people that have the ability to afford waterfront property. The second issue is a very practical, without a basement in the new structure there is no storage allowed below ground and also the mechanicals such as the hot water heater, and furnace will have to be situated within the footprint of the living space in the house and will require extra space for this type of storage. The 130 square foot request is relatively de minimis. It's the size of a 10 foot by 12 foot room and I think is appropriate under these circumstances articulated specifically because the side yard setbacks are getting better for the neighbors. So although the house is larger, it will be further away from the side lot lines, and other than the lot coverage, is completely compliant for zoning meeting the front setbacks. The structure will be designed within the • height requirement and meets flood zone provisions. Mr. Wall provided photographs of the current homes in the neighborhood that were approved by the Zoning Board of Appeals in the past. Mr. Furbush stated that 65 Seconsett Point Road is 13.5% lot coverage, 38 Seconsett Point Road is 15.5%, and 36 Seconsett Point Road is 20.2%. To the best of my knowledge, these are the only three homes that were approved. Mr. Furbush stated an 11 % lot coverage, and moving to 21.5%. He does not understand the reason to go over the 20%. He does not like the structure too close to the street. Mr. Goldstein stated this size lot is similar to Popponesset Beach and 20% is the maximum allowed in that area. The covered porch and landing is included in the square footage. The height of the structure needs to be confirmed by the architect who was unavailable. Mr. Jodka read the Board of Health Comments into the record; "Septic design was approved March 20, 2014 with variances to Title V for an increase in bedrooms from 3 to 4. The abutters and their attorney argued that the house was too big. The board felt that the 100 -foot setback from the wetlands resource was the defining factor with the septic system and the 6 feet of encroachment by the dwelling would not impact the operation of the system." Mr. Reiffarth read the verbal comment from Conservation; "Concom passed 37 Seconsett Point Road at their March 27, 2014 meeting." 0